JUDGMENT :

R.I. Chagla, J.

1. By this Interim Application, the Applicant / Plaintiff has sought appointment of a Court Receiver in respect of the land situated at CTS 619/21B and CTS 667A/2A of village Borla, Taluka Kurla and District Mumbai Suburban as well as the project ‘Shabari Park’ being constructed on the land and the unsold units in the commercial building known as “Shabari Park” and residential building known as “Sabari Garden” (mentioned as “Shiv Garden” in the prayer) – Tower I and II including power to sell the said units by public auction or private treaty as this Court deems fit. Further, relief of injunction has been sought restraining the Defendants from disposing off, alienating, encumbering, parting with possession or creating any third party rights over and in respect of the unsold units more particularly described in Exhibit KK to the Plaint and which is hereinafter referred to as the “Suit property”. Further, relief of injunction is also sought restraining Defendants from jointly or severally taking steps in furtherance of development of the Suit land as well as injunction restraining them from in any manner prejudicing the rights of the Plaintiff under Memorand